SHAW v. UNITED STATES

No. 71-1412.

448 F.2d 1240 (1971)

John G. SHAW, Administrator of the Estate of Phillip G. Steele, Deceased, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

October 7, 1971.


Attorney(s) appearing for the Case

James C. MacRae, on the brief, for appellant.

L. Patrick Gray, III, Asst. Atty. Gen., Warren H. Coolidge, U. S. Atty., Morton Hollander, and Robert M. Feinson, Attys., Dept. of Justice, on the brief, for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and BOREMAN, Circuit Judges.


PER CURIAM:

Plaintiff-Appellant brought suit against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 2671 et seq. The district court granted summary judgment for the United States, and the plaintiff appeals from that order.

The decedent, Phillip B. Steele, a private in the United States Army, was confined, at the time of his death, in the post stockade at Fort Bragg, North Carolina, following his conviction by a special court...

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